What is Texas’ current motorcycle helmet law?

Texas is a prime destination for motorcycle riders because of its long, winding roads and diverse terrain. Make sure to know the helmet laws before you go to lower the chances of fines and penalties in the state of Texas. 

Motorcyclists under 21 need to wear a helmet under Texas law. For riders over 21, you don’t have to wear a helmet if you meet the following conditions:

You are covered by a health insurance policy that provides medical benefits for injuries if you have an accident while operating or riding a motorcycle, or

You have completed a motorcycle operator training and safety course.

Sec. 661.003. Offenses Relating to Not Wearing Protective Headgear.

(a)  A person commits an offense if the person:

(1)  operates or rides as a passenger on a motorcycle on a public street or highway;  and

(2)  is not wearing protective headgear that meets safety standards adopted by the department.

(b)  A person commits an offense if the person carries on a motorcycle on a public street or highway a passenger who is not wearing protective headgear that meets safety standards adopted by the department.

(c)  It is an exception to the application of Subsection (a) or (b) that at the time the offense was committed, the person required to wear protective headgear was at least 21 years old and had successfully completed a motorcycle operator training and safety course under Chapter 662 or was covered by a health insurance plan providing the person with medical benefits for injuries incurred as a result of an accident while operating or riding on a motorcycle. A peace officer may not arrest a person or issue a citation to a person for a violation of Subsection (a) or (b) if the person required to wear protective headgear is at least 21 years of age and presents evidence sufficient to show that the person required to wear protective headgear has successfully completed a motorcycle operator training and safety course or is covered by a health insurance plan as described by this subsection.

(c-1)  A peace officer may not stop or detain a person who is the operator of or a passenger on a motorcycle for the sole purpose of determining whether the person has successfully completed the motorcycle operator training and safety course or is covered by a health insurance plan.

(c-2)  The Texas Department of Insurance shall prescribe a standard proof of health insurance for issuance to persons who are at least 21 years of age and covered by a health insurance plan described by Subsection (c).

It is important to note that a police officer may not stop and detain you for the sole purpose to determine if you have completed the motorcycle safety course or to check if you are covered by the necessary health insurance policy.

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